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    Sunday, 15 October 2017

    Assault and Criminal Intimidation and distinguish between two

    1. Introduction
    Assail is any willful attempt or threat to inflict injury upon the person of another when coupled with an apparent present ability so to do, any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, constitute an assault. And criminal intimidation means willfully to take, or attempt to take by putting in fear of bodily harm.

    2. RELEVANT PROVISIONS
    Following are the relevant provisions regarding concerned topic.
    Sections 351 and 352 for assault.
    Sections 503 and 504 for criminal intimidation

    3. ASSAULT

    I. MEANING
    Any willful attempt or threat to inflict injury upon the person of another when coupled with an apparent present ability so to do, any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, constitutes an assault.

    II. DEFINITION
    Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation about to use of criminal force to that person, is said to commit an assault.

    (III) WHAT AMOUNTS TO ASSAULT
    Mere words do not amount to assault. But the words in  which a person may give his gesture or preparation such  a meaning as may make those gesture or preparation to an assault.

    (IV) ILLUSTRATIONS OF ASSAULT
    (a) A shakes hisfist at Z, intending or knowing it to be likely that he may there by cause Z to believe that A is about to strike Z, A has committed assault.
    (b) A begins t unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z, A has committed assault.

    (V) INGREDIENTS OF ASSAULT

    (i) Gesture or preparation:
    There must have been made a gesture or preparation to use. criminal force by the accused. As if no gesture or preparation to use criminal force has been made by him then no case of assault is made out against the accused. So in order to secure the conviction of accused under this section. It is necessary there has been made a gesture or any preparation to use criminal force by him.

    (ii) Presence of another person:
    Such gesture or preparation must have been made in presence of person in respect of whom said gesture or preparation was made. As if it is not made out by a person in the presence of another then it would not amount to assault. So to make out the case of assault, it is necessary that such gesture or preparation have been made out by a person in the presence of another.

    (iii) Intention or Knowledge
    That the accused must have the intention or knowledge likelihood that such gesture or preparation, would cause that other person to apprehend that  criminal force would be used against him. This ingredient of assault is very important one. If it lacks then there could be no assault by a person who making it.

    (iv) Apprehension to use of criminal force:
    The fourth and blast ingredient of the offence of assault is that such gesture or preparation must have caused in the mind of that other person that the accused would use criminal force against him. As any gesture or preparation which causes an apprehension in another person's mind that he is going to use criminal force against him, would amount to commission of assault.

    (vi) PUNISHMENT FOR ASSAULT:

    According to Section 352, whoever assaults to any person other than on grave and sudden provocation given by that person shall be punished with:
    (i) imprisonment of either description for a term which may extend to three months ; or
    (ii) with fine which may extend to one thousand five hundred rupees, or
    (iii) with both

    3. CRIMINAL INTIMIDATION

    (I) MEANING
    By intimidation means willfully to take or attempt to take by putting in fear of bodily harm.

    (II) DEFINITION U/S 503 OF PPC:
    Whoever threatens another with an injury to his .person or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do an act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

    (iii) EXPLANATION OF SECTION 503
    A threat to injure the reputation, of any deceased person in whom the person threatened is interested, is within this section.

    (iv) ILLUSTRATION OF CRIMINAL INTIMIDATION
    A, for the purpose of inducing B to, desist from prosecuting a civil suit, threatens to burn B's house. is guilty of criminal intimidation.

    (v) INGREDIENTS OF CRIMINAL INTIMIDATION


    Following are the ingredients of the offence of criminal intimidation.

    a. Threatens another with injury
    There must be a threat by the accused to another person with any injury (i) to his person, reputation or property; or (ii) to the person, or reputation of any one in whom that person in interested.

    Threat to another person with any injury to his person, reputation or property means that the treat should be of an illegal act.

    b. Threat with an intent to cause alarm etc
    In order to constitute the offence of criminal intimidation, the threat of injury to the person, in body, mind reputation must be with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do 'any act which that person in legally entitled to do. As if the threat is not to do something which he was not legally bound to do or omit to do something which he was legally entitled to do, then this would not be amount to criminal intimidation. So the threat intended must be the one which is referred to in section 503.

    (iii) Communication of threat
    The offence defined by Section 503 is threat communicated or uttered with the intention of its b_le, communicated to the person threatened for the purpose of influencing that man's mind. It follows that the three need not be uttered directly to the person intimidated. IT is sufficient if the threat is intended to be an is communicated to such person.

    (VI) CRIMINAL INTIMIDATION AND EXTORTION
    Criminal intimidation is analogous to extortion in extortion the immediate purpose. is obtaining money, or money's worth. In criminal intimidation the immediate purpose is to indices the person threatened to do or abstain from doing something which he was not legally bound to do or omit.

    (VII) PUNISHMENT FOR CRIMINAL INTIMIDATION

    Whoever commits the offence of criminal intimation shall be punished with:
    i. imprisonment of either description for a term which may extend to two years; or
    ii. with fine or
    iii. with both

    DIFFERENCE BETWEEN ASSAULT AND CRIMINAL INTIMIDATION

    1. AS TO SECTIONS
    Assault has been defined under section 351 of PPC but criminal intimidation has been defined under section 503 of PPC.

    2. AS TO IMMEDIATE PURPOSE
    In assault, there is immediate purpose but in criminal intimidation the immediate purpose is to induce the person threatened to do, or abstain from doing something which he was not legally bound to do or omit.

    3. AS TO APPREHENSION
    In assault, the gesture or preparation is to cause the apprehension in the mind of another person that criminal force will be used against him but In criminal intimidation, the threat is to cause not only injury to the person but also injury to is reputation and property and also to the person and, reputation of anyone else in whom the threatened person is interested.

    4. WITH REGATDING TO COMPLETION OF OFFENCE
    The offence of assault is completed as soon as gesture or preparation is made to cause the apprehension of the use of criminal force but In criminal intimidation, the execution of threat is avoided, if the person threatened acts as the offender desire.

    5. PRESENCE OF SUBJECT
    In assault, the threat has been made by a person in the presence of another person but In criminal intimidation, it can be addressed not only to the person present but also to another, in whom the person intimidated is interested including a deceased.

    6. PERSONAL PRESENCE
    In assault, presence of both offender and victim is necessary but In criminal intimidation presence of victim is not necessary. Threat may be communicated to him.

    7. AS TO PUNISHMENT
    In assault, the offender is punished with three months imprisonment or with fine of one thousand five hundred rupees or with both but In criminal intimidation the offender is punished with imprisonment of two years or with fine or with both.

    ANALYSIS

    In last to conclude I can, say that assault and criminal intimidation all two different things and should not be mixed together and there are so many points of differences between them such as, as to immediate purpose, as to appreciation etc.
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    Item Reviewed: Assault and Criminal Intimidation and distinguish between two Rating: 5 Reviewed By: Usman Ali
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